Lawyer faces loss of license

Jul. 30, 2013

Attorney Paul Walwyn

Written by

Bobby Allyn

The Tennessean

A local lawyer could lose his license if a state review board finds that he missed deadlines and misled clients.

Madison-based attorney Paul Walwyn already spent two days in jail for contempt of court after he missed court deadlines. He also is under attack for several instances in which former clients say he promised services that never happened.

Now, Walwyn is attempting to subpoena the emails of the regulatory body seeking to suspend his law license.

In one instance, a former client, James Hunt, wrote to the Board of Professional Responsibility that Walwyn said he planned to appeal Hunt’s conviction, although the appeal was never filed. Hunt said Walwyn lied to him about a witness not being able to appear.

In November 2010, a jury convicted Hunt of rape, robbery and several other counts. Walwyn, according to the board, filed a notice of appeal. But the actual appeal never was filed — despite the court granting Walwyn extended deadlines.

Walywn also failed to file appeals for two other clients, Cristobal Lara and Deonta Matthews, according to court records show.

Judge Jerry Smith in March 2012 sentenced Walwyn to two days in county jail after he did not explain to the court a reason for his “dereliction of his duties to his client.”

In letters to the court, Walwyn, 44, wrote that he had health problems and office personnel issues, reasons the court did not find compelling.

Attorney Connie Reguli, representing Walwyn, said his clients share part of the blame.

When clients refuse to cooperate with an attorney who files for appeal, it leaves the lawyer in a bind. What’s more, she said, a criminal appeal cannot be withdrawn without a client’s blessing — and when reaching a client becomes difficult, Reguli says, withdrawing is all but impossible.

“An attorney sticks his neck out for a client and files an appeal even when the client is equivocating about it and then the attorney goes to jail because the client won’t communicate or pay for the attorney’s work,” Reguli said. “That’s wrong.”

The board is attempting to suspend Walwyn’s law license, but he is questioning the fairness of the its disciplinary panel.

Recently, he asked the court for a subpoena for all email communication concerning how the board’s panel members were selected. He is attempting to examine the panel members’ qualifications and competency.

The board rebuked the subpoena in a court filing, saying the request seeks internal communications and missed the court’s deadline for filing it.

Records show that Walwyn has experienced financial distress for years. There are liens against him, in particular a $1.5 million debt related to Walwyn Bacon and Fried, a Madison-based firm that is no longer active.

The board publicly censured Walwyn in 2004 and 2006 for negligence and not communicating with clients.

Walwyn has a hearing set for Aug. 14 in front of the three-member disciplinary panel, which will determine what action should be taken.

Krisann Hodges, deputy chief disciplinary counsel with the board, confirmed that his law license could be suspended at that time.

Suspending Walwyn’s law license, according to Reguli, “would be inappropriate and inconsistent with prior sanctions.”